§ 1. Definitions
"Service" means all products, services, features and other deliverables available on the Explainit App.
"User" means a person or any organization who has downloaded and installed Explanit App and uses it.
"Provider" means Paperus GmbH with its registered seat in Munich, Germany, registered by the Commercial Register in Munich under HRB 191774.
§ 2. Explanit App
The Explainit App allows User, depending on the obtained access rights, to explore the world of art by watching, hearing, uploading, downloading and/or modifying the content of the Service. To this end, the Explanit App is a distribution platform for original content creators willing to share it with other Users.
§ 3. Applicable Terms
By downloading and installing Explanit App on a mobile device you accept these General Terms and Conditions and are obligated to use the Service according to these General Terms and Conditions. If you do not accept these General Terms and Conditions or any part thereof, then the use of the Service is not allowed.
§ 4. Users
If you are using the Service on behalf of an organization, you confirm that you have the authority to act on behalf of that organization and that your organization accepts these General Terms and Conditions.
§ 5. Content of the Service
The content of the Service includes audio, text and other materials (collectively named "Content"). Content may be provided to the Service and distributed by authorized Users and the Provider. The Provider is a provider of hosting services for such Content. Content is the responsibility of the User that provides it to the Service.
§ 6. User Accounts
For the standard use of the Service, no account is necessary. However, the Provider may reserve some functionalities of the Service as e.g. providing, modifying and/or deleting Content or its parts to authorized Users. To this end, the Provider may require the set up of an account that might be activated or deactivated by the Provider at its sole discretion.
§ 7. Permissions and Restrictions
Users may access and use the Service as made available by the Provider, as long as they comply with these General Terms and Conditions and the applicable laws. The content might be viewed, read or listened only for personal, non-commercial use.
Users are not allowed to:
1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any Content or a part hereof except (a) as specifically permitted by the Service; (b) with the prior written permission of the Provider and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
3. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam).
§ 8. Reservation
Any right not expressly granted to Users in this General Terms and Conditions remains the right of Provider or the respective rights holders.
§ 9. Changes to the Service
The Provider reserves the right to change, alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with the law, or prevent illegal activities on or abuse of used systems.
§ 10. Uploading Content
Authorized Users may be able to upload Content to the Service. It is not allowed to submit to the Service any Content that does not comply with these General Terms and Conditions or the law. Especially, the Content must not include third-party intellectual property (such as copyrighted material) unless permission from that party has been obtained or the authorized User is otherwise legally entitled to do so. Each authorized User is legally responsible for the Content they submit to the Service.
§ 11. Transfer of Rights
Each User retains all of their ownership rights in their Content. However, by providing Content to the Service, they grant to the Provider a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service. They also grant each other Users of the Service a worldwide, non-exclusive, royalty-free license to access their Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
The license granted according to this Sec. 11 continues until the Content is removed as described below. Once removed, the license will terminate, except where the operation of the Service, use of Content permitted before removal, or the law requires otherwise.
§ 12. Removal of Content
Authorized Users are authorized to remove their Content from the Service at any time.
If the Provider reasonably believes that any Content is in breach of this Agreement or may cause harm to the Provider, Users, or third parties, it may remove or take down some or all of such Content. The Provider will notify that User with the reason for the action taken unless the Provider reasonably believes that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the Provider; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any User, other third party or the Provider.
§ 13. Account Suspension and Termination
The Provider may suspend or terminate User´s access or User´s account's access to all or part of the Service if: (a) that User materially or repeatedly breach this General Terms and Conditions; (b) the Provider required to do so to comply with a legal requirement or a court order; or (c) the Provider reasonably believe there has been conducted that creates liability or harm to any User, another third party, or the Provider.
The Provider will notify such User with the reason for termination or suspension unless the Provider reasonably believes that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the Provider; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party or the Provider.
§ 14. Warranty
The Provider provides the Service with reasonable care and skill.
§ 15. Consumer's right
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this General Terms and Conditions affects those rights you may have as a consumer. Other than as expressly stated in this General Terms and Conditions or as required by law, the Provider does not make any specific promises about the Service.
§ 16. Limitation of Liability
Nothing in this Agreement is intended to exclude or limit any party's liability for death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
To the extent permitted by applicable law, the Provider will not be responsible for:
1. losses that were not caused by Provider´s breach of this General Terms and Conditions;
2. any loss or damage that was not, at the time that this General Terms and Conditions was formed between the User and the Provider, a reasonably foreseeable consequence of Provider´s breaching this Agreement; or
3. the Content submitted by any User, or for the defamatory, offensive, or illegal conduct of any User.
Business Users only: If User is using the Service for the purpose of their trade, business, craft or profession, (a "Business User"), to the extent permitted by applicable law, the following limitations of liability will also apply:
1. The Provider will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
2. Provider's total liability for any claims arising from or relating to the Service is limited to the amount of 1000 EUR.
§ 17. Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by the Provider. The Provider has no control over and assumes no responsibility for, such websites and online services.
§ 18. Modifying this General Terms and Conditions
The Provider may modify these General Terms and Conditions, for example, to reflect changes to its Service or for legal, regulatory, or security reasons. The Provider will provide reasonable advance notice of any material modifications to this General Terms and Conditions and the opportunity to review these changes. However, changes addressing newly available features of the Service or changes made for legal reasons may be effective immediately. Changes will only apply going forward. If User does not agree to the modified terms, they should remove any Content uploaded and discontinue the use of the Service.